The FCC today issued a declaratory ruling stating that it's alright for companies to send a confirmation text after a consumer has sent an opt-out text.
In its ruling the FCC confirmed that sending a one-time text message confirming a consumer’s request that no further text messages be sent does not violate the TCPA or the commission’s rules, as long as the confirmation text has the specific characteristics described in the petition.
"Our ruling will allow organizations that send text messages to consumers from whom they have obtained prior express consent to continue the practice of sending a final, one-time text to confirm receipt of a consumer’s opt-out request," the ruling stated, noting that the practice is widespread.
The ruling comes as a result of a petition filed with the FCC by SoundBite Communications in an effort to clarify rules included in the Telephone Consumer Protection Act (TCPA).
In a statement, SoundBite said it had identified a need for clarity of the FCC’s interpretation of TCPA for mobile customer communications. SoundBite established support from groups such as CTIA, the U.S. Chamber of Commerce, and the Mobile Marketing Association (MMA), and others.
Jim Milton, president and CEO of SoundBite, said in a statement that consumers deserve to know that their opt-out message requests are properly recorded, confirmed, and executed.
"We are pleased that this favorable ruling removes the ambiguity many companies, including SoundBite, faced and enables us to provide the best consumer experience possible,” Milton said.